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Governor Cuomo’s “SAFE Act”Anything But!

Denies Due Process to Citizens

New York State is often described as the most corrupt state in the nation. “In the past 13 years, at least 29 New York State legislators, or former legislators, and other elected state officials have been convicted of felonies, misdemeanors or violations,” according to a news report.1

That corruption led to the passage of the so-called SAFE Act (Secure Ammunition and Firearms Enforcement Act of 2013). Touted as a “gun control” law it goes far beyond the 2nd Amendment; it denies due process to any citizen targeted under the law. They did this by rewriting the state mental health law — can’t have crazies owning guns, right?

Note that public discussion of the SAFE Act is centered around “gun control.” The denial of due process is never mentioned — purposeful ignorance. Better for anti-rights government officials of both parties to appear to focus on the 2nd Amendment rather than let people know they’re also going after the 4th, 5th, 6th and 14th Amendments.

What else do we know about the SAFE Act:

It was passed overnight with no hearings, and no public participation permitted; no input from law enforcement or medical experts.

The New York Civil Liberties Union said: “[Governor Cuomo’s closed door] legislative process makes a mockery of the core democratic principles of transparency, accountability, and public participation in government.”

It does not comply with federal HIPAA law (the Health Insurance Portability and Accountability Act), according to the New York State Psychiatric Association.

Hard to believe?

Constitutional law professor James Jacobs of New York University writes: “The individual who is reported [under the SAFE Act] is not entitled to any due process, or even notice, before being stripped of his rights.” 2

As one woman told us, “I feel this law is just the beginning of taking many more of our constitutional rights away. It makes me nervous!!”

We should all feel nervous, even those of us who live in other states. States like New York, California, New Jersey, Connecticut, and Maryland are “beta” sites, incubators for more laws that restrict more rights.

The anti-rights forces aren’t stopping at the Second Amendment or New York, or California. In many states, they are attacking free speech, due process, and other civil liberties. Gangs – many with masks – break windows, burn cars, shut down free speech on college campuses. Their violence ranges from personal threats – to attempted murder.3

How could New York State, or any government, deny due process to an entire group of citizens?

Rewrite the state Mental Health Law … to use a new definition of “mental health” that permits the state to easily allege a citizen is “mentally defective,” even based on false reports of INvoluntary commitment from hospitals. Provision 9.46 of the SAFE Act is now part of New York State’s amended Mental Health Law.

Under the revised law, medical providers are still required to consider the “likelihood” that a patient is a danger to self or others . . .

BUT the revised law eliminates one previously critical standard:

The “new” 9.46 Section deliberately omits “imminence.” In other words, medical providers are no longer required to consider whether the person is an “imminent danger” to self or others.

We’re now seeing more examples of hospital staff deliberatelyor inadvertentlyfalsely identifying a patient’s hospital admission as “INvoluntary.” This immediately triggers a report to ISARS – the Integrated SAFE Act Reporting System – followed by confiscation of a pistol permit and firearms.

Constitutional law professor Jacobs says the SAFE Act provides “no opportunity for the person labelled mentally ill and dangerous … to dispute the diagnosis and prediction.” It does not even require the subject of a Section 9.46 report be notified.2

Citizens are entitled to the same due process enjoyed by political elites and convicted felons. No one is above the law, supposedly. But we see more examples of one law for government elites and a different law for We the People.

If we want to keep our rights, stand up. Contact your state legislators and tell them: